Despite the concerted efforts of Khutsong residents, the government is pressing ahead with its decision to have Merafong local municipality incorporated into North West. The Merafong Demarcation Forum (MDF) strategy of mounting mass protests in opposition to the demarcation appears to be ineffective.
The Khutsong debacle brings into sharp relief major challenges for local democratic governance. It raises questions about the extent to which the government and its institutions should accommodate the views of citizens who stand to be affected by political and administrative decisions. It also shines a spotlight on the willingness of such institutions to listen and make changes based on public inputs.
Can the MDF still rely on mass protests to reverse the demarcation decision? Limited gains, if any, have been made through protests thus far. Instead, this strategy has promoted violent engagements among residents, increased community divisions and damaged public property — all of which has undermined the MDF’s legitimacy.
There are three ways the MDF can reverse the demarcation decision. First, it can mount a legal challenge drawing lessons from the Matatiele case, in which a judge declared the allocation of Matatiele to the Eastern Cape invalid on the basis of inadequate public consultation.
The second option is to seek a political solution. This would essentially mean that all the hidden political interests in Khutsong surface and engage in a constructive dialogue with political forces in Gauteng and North West, and with national structures. This process should culminate in a political consensus, without the local leadership feeling that the decision to move to North West or stay in Gauteng is being imposed on them.
The third option is for the MDF to learn from the former Bushbuckridge Border Committee by way of accepting their incorporation into North West. With this option, the forum can build its case between now and the next local elections, and the North West government can work to disprove the MDF’s service delivery allegations.
Apparently inspired by the Matatiele outcome, the MDF has declared its intention to battle it out in the Constitutional Court. But while the people of Matatiele emerged from court victorious, the government can still reverse their victory by rectifying its technical errors. This would put Matatiele at the mercy of the KwaZulu-Natal and Eastern Cape governments and Parliament. In view of the Matatiele experience, shouldn’t the MDF consider an approach that combines legal instruments and political work? — Themba Nkwinika is the Electoral Institute of Southern Africa’s local governance programme officer. He writes in a personal capacity